[2007] KEHC 1173 (KLR)
The court found that the Respondent had no objection to the Applicant's request and that the refusal to sign the transfer documents was unjustified. To prevent further delay in the administration of the estate and to give effect to the confirmed grant, the court exercised its discretion to authorize the Deputy...
Source-derived case information.
- Citation
- [2007] KEHC 1173 (KLR)
- Parties
- Applicant: Mary Gathigia Kinyua; Respondent: Eunice Muthoni Kinyua
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 156 of 1996
- Procedural Posture
- Succession Cause / Ruling on Summons for Execution of Transfer Forms
- Outcome
- Application allowed. Orders granted as prayed.
- Judges
- MM Kasango
- Legal Topics
- Probate and Administration, Confirmation of Grant, Execution of Transfer, Refusal to Sign Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Gathigia Kinyua
Applicant
Eunice Muthoni Kinyua
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Execution of Transfer Forms
Legal Issues
- 1 Whether the court should authorize the Deputy Registrar to sign transfer forms for the deceased's properties in place of the Respondent who has refused to sign.
- 2 Whether the Applicant is entitled to costs of the summons.
Ratio Decidendi
The court found that the Respondent had no objection to the Applicant's request and that the refusal to sign the transfer documents was unjustified. To prevent further delay in the administration of the estate and to give effect to the confirmed grant, the court exercised its discretion to authorize the Deputy Registrar to sign the relevant transfer forms on behalf of the Respondent. The Applicant was also awarded costs of the summons, as she was the successful party in the application.
Court Disposition
Application allowed. Orders granted as prayed.
Orders
- The Deputy Registrar is authorized to sign the transfer forms for NAROK MUTARA SOUTH BLOCK I/682, LAIKIPIA NANYUKI MARURA BLOCK III SWEET WATERS, and PLOT NO. DANDORA PHASE 4 D 1104 B NAIROBI on behalf of the Respondent.
- The Applicant is granted costs of the summons dated 24th February 2005.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Succession Cause 156 of 1996
MARY GATHIGIA KINYUA …..……………………….……….. APPLICANT
VERSUS
EUNICE MUTHONI KINYUA ……………………….…….....RESPONDENT
RULING
The summons the subject of this ruling is dated 24th February 2005. It seeks that the court will order that the transfer in respect of the properties of the deceased be signed by the executive officer instead of the Respondent who has refused to sign the same.
The grant hereof was confirmed on 17th October 1999. According to that confirmed grant the Applicant and the Respondent each received equal share of the deceased’s benefits. The Applicant deponed in her affidavit that the Respondent has refused to sign the transfer in respect of the immovable properties.
When the matter came before court the Respondent was represented by Mr. Gitahi advocate. Counsel applied for an adjournment with view to getting client’s instructions. On the court declining to grant an adjournment counsel left the court without seeking permission. The Respondent in response to the application stated; “I have no objection to the prayers.”
I have considered the application and I proceed to grant the following prayers:
(1) That the Deputy Registrar of this Honourable Court is hereby authorised to sign the forms of transfer
(i) NAROK MUTARA SOUTH BLOCK I/682
(ii) LAIKIPIA NANYUKI MARURA BLOCK iii SWEET
WATERS and
(iii) PLOT NO. DANDORA PHASE 4 D 1104 B NAIROBI, on behalf of the Respondent.
(2) The Applicant, Mary Gathigia Kinyua is granted costs of the summons dated 24th February 2005.
(3) Orders accordingly.
Dated and delivered at Nyeri this 10th December 2007.
MARY KASANGO
JUDGE